McKinstry Company v. Sheet Metal Workers' International Association, Local Union 16, Defendant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that whether the parties can be compelled to arbitrate “is ultimately decided by the court, not the arbitrator, on the basis of the contract entered into by the parties”
• approving out-of-area clause because such clauses are common in construction industry and were contemplated by the drafters of § 8(e) of the NLRA
• affirming district court’s award of attorneys’ 6 fees to prevailing party pursuant to contractual provision
• finding the out of area clause 15 ambiguous where “it does not specify the party whose relationship with the Employer 16 is governed by the local working conditions”

Source: CourtListener parenthetical corpus (CC0).